TERMS OF USE OF THE TUNZ.COM PAYMENT SERVICE

Transcription

1 TERMS OF USE OF THE TUNZ.COM PAYMENT SERVICE 1. Definition For the purposes of the terms of use, the following words have the meaning that follows when they are indicated with a capital letter, unless the context requires a different interpretation: Balance: balance of E-money available in a User's Electronic Wallet, i.e., the nominal value of the funds transferred by the User to Tunz in order to credit such Electronic Wallet, plus all payments made to the credit of such Electronic Wallet by using the Services, net of the value of all payments made by the User by using the Services or transferred by Tunz to the User's bank account. Business Day: bank working day in Belgium, before 5:00 PM. Electronic Money (or E-money) or Electronic Wallet: the electronic money (e-money) issued by Tunz at its face value in exchange for remittance of funds, representing a claim on Tunz and enabling use of the Services, pursuant to the provisions on the issue of e-money in the Belgian law of March 22, 1993 on the status and control of credit institutions or in any other applicable law. Each Electronic Wallet is associated with a particular set of Services and can be used only in relation to such Services. Equipment: computer, telephone equipment or any other equipment used by the User in order to access/use the Services. Identifier: password, code, number or any other identifier communicated to the User enabling the User to use certain Services and Electronic Money issued by Tunz.com, as specified in the Practical Tips pertaining to such Services. Merchant: any tradesman or craftsman, natural or legal person, with whom Tunz has made an agreement enabling payments to this merchant by his customers, using the Services. Practical Tips: detailed information, requirements and guidelines supplementing these Terms, and regarding the main characteristics of each set of Services (including applicable technical requirements and spending ceilings). The Practical Tips pertain to one specific set of Services. References herein to the Practical Tips are references to the Practical Tips that are relevant to the set of Services being used in relation to an Electronic Wallet. Services: The Tunz.com Electronic Wallet and payment services and all other ancillary services proposed by Tunz, as they are specified in the Practical Tips. Terms: These Terms of Use of the Tunz.com payment service, registered in Brussels on < >, as they may be amended from time to time. Tunz: Tunz.com SA, a limited company (société anonyme) approved as an e-money institution, having its registered office in 1200 Brussels, 102 Boulevard de la Woluwe, registered in the register of legal persons under number ( Tunz.com is subject to the supervision of the National Bank of Belgium, Boulevard de Berlaimont 14, 1000 Brussels tel. 02/ and is included (search by name function) in the list of approved credit institutions given on the website of the National Bank of Belgium. User: any natural or legal person having agreed to these Terms, and holding Electronic Money. A User has several Electronic Wallets if he uses several sets of Services. Website: Tunz Website, i.e., 2. Scope 2.1 Tunz.com offers and operates Services enabling Users holding E-money to give payment instructions to Tunz, by means of the functionalities defined in the Practical Tips, in the form of a 1

2 transfer of E-money in favour of third parties, whether they are Users or not. Tunz can also offer other related services as specified in the Practical Tips. Tunz can make amendments or improvements that it deems helpful or necessary to ensure the continuity, development and security of its Services without owing any compensation. The Services can also be limited or extended at any time by Tunz (either individually or collectively for all Users), without this giving entitlement to any right to compensation, after informing the User(s) thereof to the extent required by law, pursuant to the provisions of Article 20 hereunder. 2.2 The Terms constitute an offer of agreement between Tunz and the User and, along with the Practical Tips, they govern the use of the Services. The Practical Tips are an integral part of the agreement between Tunz and the User in respect of the E-Wallet to which the Services apply. The Terms and Practical Tips are available at any time on, or through a link on, the Website. The User can consult and reproduce them at any time and in order to keep a copy, can store them (i) on his computer or on another medium, (ii) send them to himself by or (iii) print them on paper. On formal request to Tunz, he can receive those documents free of charge on paper or any other lasting medium. 2.3 Each Service will be provided by Tunz pursuant to the Practical Tips applicable to that Service, as they are in force at the time of receipt of the User's request. In the event of a discrepancy between the information available on the Website and the provisions of these Terms, these Terms shall prevail. In case of discrepancy between these Terms and the Practical Tips, the latter shall prevail. 2.4 By checking the box "I accept" relating to the Terms on the Website, the User explicitly certifies that he has carefully read and understood the Terms (including the Practical Tips) in force on the day of his acceptance, and that he accepts them in full, with a view to signing the agreement between the User and Tunz pursuant to these Terms. Acceptance of the Terms by the User as indicated hereabove and the version of the Terms accepted by the User are recorded and archived by Tunz in its computer systems in an inalterable, secure and reliable manner and the User can obtain a copy of the Terms as accepted by himself on written request addressed to Tunz s registered office (or to any other address indicated in the Practical Tips). Tunz can (but is not required to) communicate an Identifier to the person to the benefit of whom a Electronic Wallet has been created by Tunz without this person having first accepted the Terms (it being understood that when a person receives a payment through the Services without having accepted the Terms beforehand, the Identifier given to this person shall be an Identifier enabling the use of the same type of Services as the Services related to the Electronic Wallet from which the payment has been made to this person). Tunz may consider that the remittance of funds or the communication of a payment instruction given by a person in accordance with the Practical Tips is equivalent to acceptance of these Terms (including the Practical Tips) by this person. 2.5 The Terms and Practical Tips are available in the languages defined in the Practical Tips, at the User's choice. Tunz undertakes to communicate with the User throughout the duration of the agreement, in one of those languages, at the User's choice. Nevertheless, this is without prejudice to the use of the Identifier and other identification languages associated with the Services as specified in the Practical Tips. 3. Identification The User may be required to identify himself to Tunz, pursuant to the instructions included in the Practical Tips on this subject, before addressing payment instructions to Tunz. If the User does not comply with this request for identification, Tunz reserves the right to hold his Electronic wallet as well as access to all Services. Tunz is entitled to request additional identification data at any time from the User to comply with applicable regulations, particularly those related to the fight against money laundering and financing of terrorism. 2

3 4. Capacity The User expressly declares and warrants that he has the capacity and/or has received the required authorizations to use the Services, and that he shall indemnify and hold harmless Tunz against any liability that could result for Tunz from a breach of this representation and warranty. 5. Terms of use of the Services 5.1 Remittance of funds The funds (bank money) remitted to Tunz by the User or by a third party on behalf of the User will automatically be exchanged at their face value for E-money. This E-money will be recorded in the database managed by Tunz in an Electronic Wallet of the User and will be considered for calculating the amount of the Balance. The remittance of funds to Tunz shall be done pursuant to the terms and conditions defined in the Practical Tips. The remittance of funds will be accepted by Tunz only from accounts opened with a financial institution established in the SEPA (Single Euro Payments Area). The User can consult the Balance at his disposal, as set out in the Practical Tips. This remittance of funds does not constitute a bank deposit and does not accrue interest. The Balance is only returnable to the User under the conditions stipulated for reimbursement (Article 6). In the context of its relations with certain banks, Tunz may allow the User, within the limits specified by the Practical Tips, to establish a link between his Electronic Wallet and his bankcard or an account for payment open with his bank. If applicable, the User will give Tunz authority to give payment instructions to his bank on his behalf for the purpose of crediting his Electronic Wallet from his bank account, or, conversely, to credit that bank account for the counter value (in all or in part) of his E- money. 5.2 Payment operations The E-money is used for payment by means of a transfer from the Electronic Wallet (i) to third parties whether they are Users or not, pursuant to the terms and conditions and to the extent stipulated in the Practical Tips, and (ii) to Merchants, pursuant to the instructions given by those Merchants for payments through the Services. A payment operation is only deemed authorized by the User if he has given his consent in the form set out in the Practical Tips. Payment instructions are received by Tunz, 7 days a week, 24 hours a day, without prejudice to the provisions of Article 12 hereunder. A consent to a payment operation may in principle be withdrawn at any time by the User but only in accordance with the Practical Tips, before its execution. However, in the case of a payment operation initiated by the beneficiary (particularly in the case of a payment to a Merchant via the Merchant's Website or via means of payment made available by a Merchant), the payment instruction may no longer be revoked after it has been transmitted to the beneficiary or after the User has given his consent to the execution of the payment operation to the beneficiary. Any payment instruction shall be initiated by the User in accordance with the Practical Tips. If the User has several Electronic Wallets relating to the same Services, as the case may be in different currencies, the User shall, in the case of payment via Internet, also specify which Electronic Wallet to debit. The operation will always be executed in the currency of the Electronic Wallet from which the payment is made. Any payment instruction received by Tunz is subject to prior controls before its execution by Tunz, in order to verify whether the payment instruction is valid, according to the specifications set out in the Practical Tips. These controls relate in particular to (i) the Balance registered with Tunz in the Electronic Wallet of the User-payer (any payment instruction for an amount exceeding the Balance 3

4 being automatically and wholly refused), (ii) the amount of the payment instruction (any payment for an amount exceeding the ceiling(s) given in the Practical Tips being automatically and wholly refused), (iii) the validity of the instructions received and their compliance with the technical specifications provided for in the Practical Tips. Once the validity controls have been done, if the payment instruction is valid, the payment will be definitively and irrevocably executed by Tunz, and the User will not be able to cancel it. Tunz will definitively and irrevocably record the payment in its computer databases by decreasing the Balance available to the payer with Tunz by the amount paid, and by increasing the Balance with Tunz available to the beneficiary of the payment, or if the beneficiary is not a User, by proceeding according to the procedures set down in Article 5.3 below. Payment confirmations to the payer and the beneficiary are communicated as provided in the Practical Tips. When Tunz refuses to execute a payment instruction, the User will be informed as soon as possible by the means that Tunz deems most appropriate. Tunz reserves the right to charge costs to the User for this information, if the grounds for refusal are objectively justified. 5.3 Receipt of a payment by a non-user In case of payment to a third party who is not yet registered as a User in Tunz' computer database, Tunz will record the beneficiary in its computer database, and the E-money will be credited in an Electronic Wallet created by Tunz for such beneficiary up to an amount equal to the payment received (subject to, as the case may be, the deduction of charges and fees of Tunz, as specified in the Practical Tips). The Services associated with the Electronic Wallet thus created will be the same as those associated with the payer s Electronic Wallet. This beneficiary, after accepting these Terms, automatically becomes a User and can freely use the E-Money that has been communicated to him by Tunz, to make payments according to the Practical Tips specific to such Service, or to request reimbursement of the E-money in accordance with the provisions of Article Acknowledgment of payment The User acknowledges that any payment in the form of E-money executed or received via the Services is a payment in full discharge as if that payment had been made by the remittance of currency or bank money by the payer to the beneficiary and, insofar as necessary, the User waives the possibility of invoking Article 1243 of the Belgian Civil Code or any other legal provision to challenge the payment. 5.5 Reimbursement of a payment Tunz will reimburse the User- payer fully for an authorized payment operation, initiated via a Merchant- beneficiary and already executed, if (i) when the operation was authorized, the exact amount of the payment operation was not indicated, AND (ii) the amount of the payment operation exceeded the amount that the User could reasonably expect considering the profile of his past expenditures, the conditions stipulated in his contract with the beneficiary and the pertinent circumstances of the case. At Tunz' request, the User will provide the factual elements related to these conditions. The User will not be entitled to reimbursement if he has given Tunz his consent to the payment operation, AND if the information concerning the future payment operation was provided to the User or made available to him in an agreed manner, at least four weeks before the due date, by Tunz or by the Merchant. Reimbursement must be claimed for within eight weeks as from the date on which the E- Money was debited. Within a period of 10 Business Days following receipt of the claim for reimbursement, Tunz will reimburse the entire amount of the payment operation or will justify its refusal to reimburse, indicating the organizations to which the User can refer if he does not accept Tunz' justifications. 5.6 History of operations All operations concerning a User (execution/receipt of a payment/reimbursement) will be recorded in an electronic statement drawn up at the end of the day of such operations, that the User can consult online pursuant to the specifications set out in the Practical Tips, and enabling storage and reproduction of this information in identical form (particularly by recording the information on his 4

5 computer or on another medium or by printing it on paper). The User can also consult in the same way all operations pertaining to his Electronic Wallet and made in the current month as well as in the last three calendar months. 5.7 Request for information Any request for information concerning an operation or a Service can be addressed to the address (or to any other address indicated in the Practical Tips). 5.8 Execution time The amount of a payment operation made by means of the Services will be credited in the Electronic Wallet of the beneficiary in principle on the date of receipt of the payment instruction by Tunz and, if the order is received on a day that is not a Business Day, at the latest by the end of the following Business Day. 6. Reimbursement of E-money Reimbursement by Tunz of the Balance (in all or in part) at the nominal value of that Balance is subject to the formalities described in the Practical Tips and the limits and conditions stipulated in these Practical Tips. Reimbursement may be subject to expenses that may be detailed in the Practical Tips. Reimbursements will only be made to an account opened with a financial institution established in the SEPA (Single Euro Payments Area). Any application for reimbursement to another account will be refused. 7. Remuneration and expenses Remuneration and any potential costs payable to Tunz for the Services or for reimbursement of E- money are indicated in the Practical Tips. The User accepts that this remuneration and these expenses will be debited from the Balance or withdrawn from the amount of the reimbursement. Expenses pertaining to a reimbursement will be withdrawn from the amount of the reimbursement only insofar as they are necessary for the reimbursement operation. 8. No intervention in relations among Users Tunz proposes an electronic payment Service exclusively by means of an Electronic Wallet. Tunz does not intervene in any way or at any time in the relations that may exist between the User-payer and the beneficiary, whether a User or not, involved in a payment operation by means of its Services, or between the User and a Merchant. More specifically, Tunz assumes no liability for the compliance by those parties with any mutual obligations they may have, nor with regard to the nature of the transfer of E-money (payment of a debt/a service/product, donation, loan, or undue payment, etc.) or the validity or accuracy of the payment under their agreements. 9. User's obligations 9.1 The User undertakes to use the Services in good faith, for legal purposes only, and in compliance with the Terms and the relevant Practical Tips. 9.2 It is up to the User to verify the correct execution of his payment instructions, and the effective receipt of a payment, on the basis of information available to him. The information available online, as provided for in the Practical Tips, shall constitute valid evidence and shall prevail over any other information regarding such payment instructions and their execution by Tunz. Tunz is especially not responsible for fraudulent messages sent by unauthorized persons and communicating mistaken information pertaining to the receipt of payments via the Tunz s payment system. Tunz shall not be liable for any consequence resulting from such invalid information, nor for payment or reimbursement in such a case, without prejudice to the provisions stipulated in Article 11 below. 5

6 9.3 The User is informed of the risk associated with the loss or theft of his Identifier as defined in the Practical Tips, the hacking of his computer or any other fraudulent act enabling third parties to make abusive, fraudulent or unauthorized use of his Electronic Wallet. In addition, technical problems may occur in the use of a computer or Internet or on the Tunz systems or on the network of mobile telephone operators, which can prevent or suspend the use of the Services. The User alone is also responsible for preserving his Equipment. The User notably undertakes for such purposes: - not to leave his Equipment and/or Identifier accessible to third parties; - to memorize his Identifier and not to write it down in an easily recognizable way, not to leave it near his Equipment and not to communicate it to third parties; - not to let third parties use his Equipment, except for trustworthy people under supervision; - to secure his Equipment by means of the usual security schemes (antivirus software, antispyware, firewall, etc.); - to immediately inform Tunz of any event that could lead to fraudulent, abusive or unauthorized use of his E-Money. 9.4 in addition, the User shall inform Tunz, without delay, via sent to the address (or to any other address indicated in the Practical Tips), and confirmed within five days by a registered letter sent to Tunz' registered office, to the attention of the Compliance Officer (or to any other address indicated in the Practical Tips) of the theft, loss, and misappropriation or unauthorized use of his Identifier. At the latest, on the Business Day following notification, Tunz will block the User's E-Wallet and make the User's Identifier inoperative. The Balance can be subsequently unfrozen at the request of the User, in accordance with the Practical Tips. 9.5 Tunz also reserves the right (but has no obligation) to freeze the User's Identifier (and, as a consequence, his Electronic Wallet) for objectively justified reasons pertaining to the safety of that Identifier or the presumption of an unauthorized or fraudulent use thereof. Tunz will inform the User, if possible beforehand, and if not immediately afterwards, of the freezing of the Identifier and the reasons for doing so, unless this information is impossible or inappropriate for objective security reasons or is prohibited under applicable legislation. Tunz will supply the User with a new Identifier as soon as the reasons justifying freezing no longer exist. 9.6 The User authorizes and expressly empowers Tunz, in case of necessity, in the execution of its Services or with a view to detecting or preventing a fraud or illicit acts, to collect in his name information concerning him from his bank and/or his internet access provider and/or his mobile telephone operator. 10. Availability of Tunz' s systems 10.1 Subject to the provisions below, Tunz undertakes to use all reasonable means at its disposal to ensure access to Services and its Website, and the use of those Services, and will in particular take care to enable the User to dispose of his Electronic Wallet without interruption Despite these efforts and without prejudice to Tunz' responsibilities below, some technical problems can occur making the Services or the Website unavailable. Insofar as necessary, and without prejudice to Tunz' rights to invoke force majeure, and the fact that Tunz is bound only by obligations of means, Tunz assumes no liability in the event of inaccessibility of the Services or the Website, making the execution of payments or any other operation impossible when this inaccessibility or non-execution results from any cause beyond the reasonable control of Tunz, and particularly (i) technical failures of the Website, (ii) cuts of telephone line or other means of communication, (iii) breakdown of Tunz' hardware and equipment, (iv) software failure or bug, (v) intensive use of Tunz' Website and overloading of its systems, (vi) power outage, and (vii) failure of any kind of a mobile telephone network. The User has the obligation to inform Tunz as quickly as possible of any technical problem or any malfunctioning that he notices in the use of the Services or the Website and to do so in compliance with the provisions set down Article 14 below. Tunz will endeavour, to a reasonable extent, to find solutions to these problems as quickly as possible Tunz may voluntarily interrupt access to the Website or to some of its Services without notice (i) in order to prevent or solve a possible deficiency or breakdown of its equipment, software, 6

7 communication equipment, (ii) if Tunz considers this useful, particularly, and without limitation, in the case of attempted piracy, misappropriation of funds, abusive use/fraud or (iii) in order to ensure maintenance or to effect improvements/increase security. When this is reasonably possible, Tunz will endeavour to inform the User, within a reasonable period of time, of any planned interruptions. Under no circumstances can Tunz be held liable, unless a provision of the law stipulates otherwise, for any damages that may result from these suspensions. 11. Recourse in the event of unauthorized payment operations 11.1 The User shall inform Tunz of any unauthorized payment operation that he detects, immediately, and at the latest 13 months after the value date of the debit or credit of the payment operation in question, by an e- mail sent to (or to any other address indicated in the Practical Tips), and confirmed within five days by a registered letter addressed to Tunz' registered office to the attention of the Compliance Officer (or to any other address indicated in the Practical Tips). Any application for correction or compensation received after that period or not respecting the formal conditions given above will be inadmissible, unless Tunz has not provided the User with information concerning the payment operation in question, in compliance with Article 5.6 above Without prejudice to Articles 11.1 and 11.3, in the event of an unauthorized payment operation, after a prima facie verification of fraud by the User, Tunz shall immediately reimburse the User by the amount of that unauthorized payment operation and, if applicable, re- constitute the User's debited Electronic Wallet to the state where it would have been had the unauthorized payment operation not taken place, eventually plus interest on the amount. In addition, Tunz will compensate the User for any other potential financial consequences, particularly the amount of expenses borne by the User for determining the damage that is to be compensated By derogation to Article 11.2 and until the notification referred to in Article 9.4, the User is responsible up to a maximum amount of 150 for the consequences resulting from unauthorized payment operations. This limit does not apply, and the User shall consequently bear all losses incurred, if these losses result either from fraudulent activity by the User, or from the fact that he did not meet one or several of his obligations, either intentionally or as a result of serious negligence, concerning the conditions for the use of the payment instruments put at his disposal, the security measures to be respected with regard to these instruments or the notification to be sent to Tunz under Article 9.4. Unless the User has acted fraudulently or intentionally, he shall not bear any loss if the payment instrument was used without physical presentation and without electronic identification or if the payment instrument was copied by a third party or was unduly used, insofar as the User was in possession of the payment instruments at the time of the disputed operation. Unless Tunz demonstrates that the User acted fraudulently, Tunz will bear all the financial consequences of the use of a lost, stolen or misappropriated instrument occurring after notification as per Article Tunz' liability: principles 12.1 This article is without prejudice to the responsibilities of Tunz with regard to payment operations, as provided in Articles 11 and 13 or any other legal or contractual provision Tunz is responsible only for intentional misconduct or serious negligence. It is not liable for minor negligence (occasional or no) Without prejudice to other causes of exclusion or limitation of liability stipulated in the Terms (including the Practical Tips), Tunz shall under no circumstances be held liable to indemnify the User for any damage caused by a case of force majeure or measures taken by the Belgian of foreign authorities. Consequently, and without this list being exhaustive, it shall not be held liable for the damaging consequences resulting directly or indirectly from anything beyond its reasonable control, and particularly (i) fire or flood, (ii) power outage, (iii) strike of its personnel or that of one of its suppliers or subcontractors (iv) operations ordered by people having de facto power in case of war, disorder, riots or occupation of the territory by foreign or illegal forces, (v) decisions of the authorities, (vi) errors or technical or other interruption of activities of Belgian or foreign telegraph or telephone services, post office, private transport companies or mobile telephone operators or any other service provider in the information society within the meaning of Directive 2000/31/EC of 8 June 2000 on 7

8 certain legal aspects of information society services, in particular electronic commerce, in the Internal Market Similarly, Tunz shall not be held liable under any circumstances for any problem occurring further to (i) errors or inaccuracies in the information communicated by Merchants to their clients pertaining to the use of the Services, or (ii) any technical or other problem arising with a Merchant All Tunz' obligations are obligations to use appropriate means to achieve a result (obligations of means), and do not constitute obligations to effectively achieve that result. In all cases where Tunz' liability is engaged, that liability shall be limited to damages that constitute the necessary, foreseeable and inevitable consequence of Tunz' fault and shall under no circumstances give rise to compensation for consequential damages of any financial, commercial or other nature. Tunz' liability shall always be limited to the User's Balance at the time of the harmful event Tunz shall under no circumstances be held liable to the User for any form of damages that may be a partial or total consequence of a violation of the Terms (including the Practical Tips) by the User. 13. Liability in the event of poor execution 13.1 The User is required to immediately inform Tunz of any non- executed or poorly executed payment operation that he notices, at the latest 13 months after the value date of the debit or credit of the payment operation in question, by an e- mail sent to (or to any other address indicated in the Practical Tips), and confirmed within five days by a registered letter addressed to Tunz' registered office to the attention of the Compliance Officer (or to any other address indicated in the Practical Tips). Any claim for correction or compensation received after that period or not respecting the formal conditions given above will be inadmissible, unless Tunz has not provided the User with information concerning the payment operation in question, in compliance with Article 5.6 above Tunz is responsible for the correct execution of payment operations validly initiated by the User- payer or via a Merchant- beneficiary. When Tunz is liable for a wrong payment operation, it shall re- constitute the Electronic Wallet of the User in the situation that it would have had if the wrong payment operation had not taken place. Tunz is also liable for expenses and interest charged to the User because of the non- execution or poor execution of the payment operation and, as the case may be, for additional compensation of any other financial consequences When a payment operation was not for was poorly executed, Tunz shall immediately endeavour, at the request of the user who initiated the order, to find the trail of the payment operation and to notify the result of its efforts to the User. 14. Claims and extrajudicial recourse 14.1 Without prejudice to the provisions of Articles 11.1 and 13.1, above, any complaint or challenge of any kind concerning (i) malfunctioning of a Service or the Website, (ii) information of any kind issued by Tunz or appearing on the Website, particularly in the history of payment operations, (iii) an error committed in the execution of a Service or non-execution of a Service by Tunz, or (iv) as concerns remuneration or expenses withdrawn by Tunz, shall be notified by the User to Tunz by e- mail at the address (or to any other address indicated in the Practical Tips) or by writing to its registered office (or to any other address indicated in the Practical Tips), within five calendar days following the day on which the User became aware or can be deemed to have had knowledge, or any other longer period resulting from applicable rules. The User is deemed to have had knowledge of any notification or information from Tunz on the day Tunz sent that notification or made that information available to the User If the User and Tunz do not agree on the settlement of a dispute concerning a payment operation, the User may submit a claim to the Control and Mediation Directorate General of the Federal Public Service for the Economy, Section Small Businesses, Self-Employed & Energy. The mailing address is Control and Mediation Directorate General, Central Services - Federal public service, WTC III, avenue Simon Bolivar 30, 1000 Brussels, Tel : 32 (0) , Fax : 32 (0) , 8

9 14.3 In addition, a User who is a natural person may submit the dispute to the Bank, Credit, and Investment Mediation Service (Service Médiation Banques Crédit Placements - Rue Belliard 15-17, Box 8, 1040 Brussels, The procedure is done in writing. If the complaint is admissible, the service issues a non- binding opinion that Tunz may, but is not required to accept. 15. Right of Withdrawal 15.1 The User has a period of 14 calendar days to withdraw from the contract. This period begins as from the day when the contract is concluded, i.e., the day of acceptance of the Terms on the Website by the User. During this withdrawal period, the execution of the contract can only begin by express agreement of the User. The right to withdraw can be exercised by the User without penalty and without indicating the grounds of his decision. The User shall notify his decision to withdraw to Tunz by a letter registered with the post office sent to Tunz' registered office (or to any other address indicated in the Practical Tips). If the User does not make use of the right to withdraw, the contract shall be kept in force in accordance with the provisions of the Terms and the Practical Tips Any instruction from the User to carry out a payment operation during the withdrawal period shall be deemed to imply acceptance by the User of the execution of the operation, notwithstanding the fact that the withdrawal period is not yet expired. The User expressly recognizes and accepts that any payment instruction addressed to Tunz before the end of the withdrawal period constitutes an express request by the User to execute the contract. The User will therefore not be entitled to cancel a payment instruction that he has given and confirmed during the withdrawal period. In this case, and if the User subsequently exercises his right to withdraw within the withdrawal period, he can be charged for the payment of the Services already provided by Tunz. The amount charged cannot exceed an amount proportional to the importance of the Services already provided and under no circumstances be such that it could be interpreted as a penalty. 16. Intellectual property rights All intellectual property rights pertaining to the Services or the Website belong to Tunz or its suppliers. 17. Registration and processing of private data concerning Users who are natural persons 17.1 The private data concerning the User are those which relate in particular to his identity, domicile, personal status, portable telephone number, address, bank card and bank account numbers, or his E-money, and the operations concerning the User. These data can be recorded in one or several of Tunz' files in compliance with applicable legislation In accordance with the applicable legislation in Belgium, the User is informed that Tunz is the party responsible for such data processing. The User agrees to the recording and processing of private data concerning him for the following purposes: management and archiving of payment and other operations, reimbursement of E-money, administration and management of contractual relations, control of the regularity of operations and prevention of irregularities (prevention of money laundering, abuse and fraud), statistical treatment and commercial canvassing, advertising and direct marketing pertaining to payment services or banking, financial or insurance products, or other products or services promoted by Tunz Tunz undertakes not to communicate the Users' private data to third parties, except in the following two cases: (i) communication by Tunz of private data to its suppliers or subcontractors if, and to the extent that this communication is necessary for the execution of the Services and management of the contractual relation, and (ii) if Tunz is required by law to communicate certain information or documents on the Users, their E-money and the operations concerning them to the National Bank of Belgium Bank, to similar Belgian or foreign authorities, or generally speaking to any judicial or administrative authority. Communication of data to the persons referred to above under (ii) will be limited to the extent necessary or required under the applicable regulations. Insofar as necessary, the User agrees to the communication of his private data under the cases referred to above. This agreement is also valid in the event that communication of data to the persons mentioned above is done to a country that is not a member of the European Union, which guarantees an adequate level of protection. Within Tunz, access to private data concerning the User will be limited to 9

10 the persons who need it to fulfil their duties. Tunz may also communicate the mobile telephone number or address of a User to anyone having received payment from that User by means of its Services, in order to inform that person that the User has made a payment The User is entitled to oppose processing of private data concerning him on request, free of charge, insofar as this processing is envisaged for purposes of commercial canvassing or direct marketing The User is entitled to have access to his private data and has the right to obtain correction of any inaccurate data. For the exercise of these rights, the user shall address a written application, dated and signed, to the registered office of Tunz (or to any other address indicated in the Practical Tips). 18. Evidence 18.1 Communications by fax, text message, electronic mail as well as by a notice on the Website are valid means of communication under these Terms All inalterable, secure and reliable records included in Tunz s computer database concerning in particular (without limitation) payment instructions and confirmations received from Users, access by the User to the Website, notifications sent by Tunz by any electronic means, or claims for reimbursement and other requests received from Users, the execution of payment and reimbursement operations by Tunz, or pertaining to the date and time of these instructions/confirmation/applications/operations/accesses and notifications and their content, shall constitute evidence until proven otherwise, as is they were a signed original on paper The documents issued by Tunz reproducing such records shall constitute evidence until proven otherwise The User recognizes that a click on an icon of the type "I accept" /"I subscribe" on the Website constitutes a valid acceptance/subscription that is enforceable with regard to the User. Proof of this acceptance, subscription and the acceptance of these Terms can be given by Tunz by all appropriate electronic means. 19. Protection of deposits Tunz adheres to the Fund for the protection of deposits and financial instruments (Fonds de protection des dépôts et des instruments financiers - FIF ; and to the Special Fund protecting deposits and life insurance (Fonds spécial de protection des dépôts et des assurances sur la vie) instituted within the Caisse des dépôts et consignations (www.fondsspecialdeprotection.be) which compensates investors and depositors in the event of losses incurred as a result of the failure of their financial institution. Additional information on these funds and the terms of their intervention can be supplied to the User on request. 20. Modification 20.1 Tunz may amend the Terms (including the Practical Tips, including the provisions regarding its remuneration and expenses), at any time, subject to prior information of the User two months before the entry into force of the amended Conditions (or Practical Tips). The User shall be deemed to have accepted the new Terms and Practical Tips if he has not notified Tunz, before the date of entry into force of the amended Conditions (or Practical Tips), on the Website or through any other appropriate means that he refuses such amendments. The User is entitled to terminate his contract immediately and without cost before the date of entry into force of the new Terms or Practical Tips The new Terms and Practical Tips will be available for consultation at any time on the Website (or as otherwise indicated in the Practical Tips). 10

11 21. Duration and termination 21.1 This contract with Tunz is concluded for an undefinite duration. It may be terminated by the User, without cause or cost, subject to a three Business Days' notice posted on the Website or sent as otherwise indicated in the Practical Tips. Tunz may terminate the contract with the User, subject to two months' notice posted on the Website or sent as otherwise indicated in the Practical Tips. Moreover, the contract will automatically be terminated six months after reimbursement in full of the Balance to the User insofar as there have been no operations in the User's Electronic Wallet during those six months Upon termination, Tunz shall reimburse the Balance to the User, without additional cost, to the User's bank account, in accordance with the procedures of reimbursement referred to in Article Applicable law and settlement of disputes 22.1 The contacts with the User prior to the entering into the contract are governed by Belgian law. Similarly, the Terms (including the Practical Tips) are governed by Belgian law Without prejudice to the extrajudicial recourse referred to in Article 14 hereabove, the courts of the Brussels judicial district shall have exclusive jurisdiction over any dispute pertaining to the conclusion, validity, interpretation or execution of these Terms (including the Practical Tips). Ed. September

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